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May 14, 2012

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Questions Persist for St. Jude

Lawsuit Challenges Legality of 'No-Fly' List

Final Chapter For False-Marking Whistleblower Suits?

Online Comments Lead to Suit Against Two Former Clients

Lawsuits Allege Wheat Ridge Teen Treatment Center

UBB Widow: Massey Defrauded Families

Suit Filed over DePuy ASR Hip Implant Devices

FDA Warns of Multiple Sclerosis Treatment

Analysis: Insurers Find It Tough To Price Fracking Risk

Suit: Mets Responsible for Drunk Driving Death

School, Campus PD Named in Student Suicide Lawsuit

 

 

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Announcements

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"1K Pays Your Way" TTLA Annual Conference

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Earn your registration fee for the 2012 TTLA Annual Conference by recruiting new TTLA members! Simply recruit $1,000 worth of new TTLA memberships, and earn free registration to the Annual Conference CLE at Hyatt Lost Pines – an $875 value. Clip on the headline to learn more.  

 

2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop

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Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more!  

 

Products

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Questions Persist for St. Jude

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New research suggests a sometimes-lethal problem with a St. Jude Medical Inc. heart device could be widespread, though the full scope of the issue remains unknown. The data, from a seven-hospital study, found that 67 of 712 of the devices—wires, known as leads, that connect defibrillators to patients' hearts—had failed as of the end of December. The findings, presented at a meeting of the Heart Rhythm Society here, represent the first large study to evaluate the problem.  CHRISTOPHER WEAVER , Wall Street Journal - $$ Subscription Required  05/14/2012

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Laws/Cases

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Lawsuit Challenges Legality of 'No-Fly' List

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A group of 15 Muslim American citizens have filed a lawsuit against the U.S. government, claiming they were put on a "no-fly list" without explanation or a way to get off the list. The plaintiffs claim in the suit that their due process rights were violated and that they pose no threat to anyone. Some of the plaintiffs say they have been prevented from traveling for work or visiting family because of their status on the list.  Meghan Neal , New York Daily News  05/11/2012

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Final Chapter For False-Marking Whistleblower Suits?

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A recent order by the U.S. Court of Appeals for the Federal Circuit is likely the final nail in the coffin for whistleblower cases against companies that falsely label products as patented. The patent reform act's severe limitation on false-marking cases properly applies to cases filed before the law's enactment, the Federal Circuit ruled on May 2. The America Invents Act, enacted on Sept. 16, 2011, requires that false-marking plaintiffs demonstrate a competitive injury from a company's false marking. The order stops a cottage industry of false marking cases that sprung up in the wake of a December 2009 Federal Circuit ruling that opened the door to sizable monetary awards in qui tam cases. That ruling, in Forest Group Inc. v. Bon Tool Co . , held that the False Marking Statute "requires the penalty to be imposed on a per article basis."  Sheri Qualters, The National Law Journal - $$ Subscription Required  05/14/2012

Read Article: The National Law Journal - $$ Subscription Required($)    

 

Online Comments Lead to Suit Against Two Former Clients

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An Austin bankruptcy lawyer filed suit in April against two former clients who allegedly wrote negative online reviews about her after she represented them in filing for bankruptcy. In both suits, Susan Taylor claims her clients went online and published "false" and "defamatory" statements that were meant to harm her personal and professional reputation. Taylor says almost 100% of her clients come from Internet referrals, and she believes the two clients' negative online reviews harmed her business. She filed suit against K.C. Mercer on April 30, claiming she assisted Mercer in a bankruptcy case and "completed all of the legal work," says the original petition in Taylor v. Mercer , filed in Travis County's 126th District Court. But later, Taylor "had to terminate the attorney client relationship for nonpayment" and Mercer then used Google.com "to make libelous statements."  Angela Morris, Texas Lawyer  05/14/2012

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Lawsuits Allege Wheat Ridge Teen Treatment Center

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Four teenagers with their parents, have sued the Wheat Ridge facility in Jefferson County District Court. A parent of a fifth former resident has filed a separate lawsuit. Former residents of the home that was created to address psychological and behavioral issues of unruly teens allege a laundry list of recurring issues. They claim agency officials took them off medications for diagnosed medical and psychological conditions without justification; ordered them to lie, including claiming they wanted to kill relatives, to justify treatment; and isolated parents from children and fostered familial rifts, sometimes by claiming incestuous relationships that didn't exist.  Kirk Mitchell, Denver Post  05/14/2012

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UBB Widow: Massey Defrauded Families

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Massey Energy officials tricked the families of some Upper Big Branch miners into early wrongful-death settlements that have proven inadequate, given evidence of safety violations and criminal conduct linked to the fatal April 2010 explosion, according to a lawsuit quietly filed last month. Edith May Willingham alleges that Massey officials, including then-CEO Don Blankenship, "fraudulently induced" her to settle claims regarding the death of her husband, Benny, who was one of 29 miners killed in the disaster.  Ken Ward Jr., The Charleston Gazette  05/14/2012

Read Article: The Charleston Gazette    

 

Suit Filed over DePuy ASR Hip Implant Devices

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A Virginia woman has filed a lawsuit against DePuy Orthopaedics over injuries she suffered allegedly caused by a DePuy ASR hip implant device. The device was implanted in 2007, and in 2010 the woman said she suffered pain, as well as "elevated chromium and cobalt levels" that resulted in revision surgery. In August 2010, the ASR devices were recalled.  Staff Report, Albany Times Union  05/14/2012

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Healthcare

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FDA Warns of Multiple Sclerosis Treatment

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The Food and Drug Administration on Thursday warned that a controversial treatment for multiple sclerosis has been tied to serious complications, including stroke and death. Known to some backers as "liberation therapy," the treatment aims to enhance blood flow in the brain either by inserting a wire-mesh stent into a patient's jugular vein or using balloon angioplasty to open the jugular vein or veins in the chest.  THOMAS M. BURTON , Wall Street Journal - $$ Subscription Required  05/14/2012

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Insurance

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Analysis: Insurers Find It Tough To Price Fracking Risk

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From water worries to well blowouts, the inherent risks of oil and gas extraction are often played down by those in the business. But another group of profit-seekers has every reason to keep a close eye on dangers for drillers: their insurers. Underwriters now face a politically charged problem in the perceived threats to water supplies of hydraulic fracturing. Amid litigation and federal probes, insurance companies are left scratching their heads over how to price the risk of the oil and gas production technique now better known as fracking.  Braden Reddall and Ben Berkowitz, Reuters  05/14/2012

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Wrongful Death

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Suit: Mets Responsible for Drunk Driving Death

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A Staten Island family has filed a lawsuit against the New York Mets, a nearby bar and a local man who killed one of their family members in a DUI accident after a baseball game in April. The lawsuit says stadium vendors and a local pub served the man too much alcohol during and after the April 5 game. The man fled the scene after hitting and killing the 57-year-old woman who was walking home with her grandson after church.  Shayna Jacobs and Rich Schapiro , New York Daily News  05/13/2012

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School, Campus PD Named in Student Suicide Lawsuit

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A student's suicide at Wright State University in Ohio has prompted a lawsuit by the boy's parents against the school and the university police department. The suit claims officers were called to the student's room by a friend who was worried he would try to kill himself, but police thought he was not suicidal and left. The suit accuses police of negligence, saying they could have prevented the boy's death.  Randy Ludlow , Columbus Dispatch  05/12/2012

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